1274 51 Realty, L.L.C. v David Gross, "john" Lenkin, Congregation of Holmin, "john" Feldbrand & Joseph Wezberger

1274 51 Realty, L.L.C. v David Gross, "john" Lenkin, Congregation of Holmin, "john" Feldbrand & Joseph Wezberger

Motion No: 2007-01329 KC

Slip Opinion No: 2007 NYSlipOp 77839(U)

Decided on September 12, 2007

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

NOS. 2007-783 K C2007-1329 K C

1274 51 REALTY, L.L.C.,

Respondent,

-against-

DAVID GROSS, "JOHN" LENKIN, CONGREGATION
OF HOLMIN, "JOHN" FELDBRAND and JOSEPH
WEZBERGER,

Appellants,

-and-

"JOHN DOE" AND "JANE DOE",

Undertenants.

DECISION

Motion by appellants to consolidate three appeals denied.

On the court's own motion, appeals taken by notices of appeal filed April 30, 2007 and May 3, 2007 dismissed.

No appeal lies from an intermediate order upon entry of a final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeals from the intermediate order are brought up for review on the appeal from the final judgment (see CPLR 5501[a][1]).